Minimum wage and relocation time frame

[peretz]

Hello Everyone,

I am a Mexican citizen, and I know that this forum is specially constructed for Canadian citizens. Unfortunately, I could not find a TN visa Forum for Mexican Citizens.

Said this and given that the core rules apply the same way to Mexicans and Canadians, I would like to see if you can orient me.

I am currently working in NY under my OPT, and my OPT will be expiring on November 5th. Therefore, I am planning to travel to Mexico and change my status before my OPT expires, which can take from 1 to 2 weeks.

At the same time and due to the economic crisis, my employer is just being able to pay me 60 % of the official Engineering hourly wage that the USCIS establishes for the H1B visa. As a result, I started looking for jobs, and as soon as I find a new job, I will be changing jobs. This will force me to apply again for the TN status, which will require that I travel to Mexico for another 1 to 2 weeks in order to update the TN status.

So my questions are:
1) I know that there is not minimum wage to cover, but do you know of cases where the TN status has been rejected due to a salary below the average wage for a specific profession?
2) My understanding is that as soon as you quit your job, you need to return to your country, and as soon as you get into the US you should be starting you job. So, when am I supposed to find a new place to live, move my belongings and accommodate in the new place?
3) In the U.S. embassy in mexico, would not look strange that I am changing status so frequently?

Thank you for your help.

With regards,
Jaime

[agnelson]

http://forums.immigration.com/forumdisplay.php?f=244

Is a TN-specific board, for both Mex and Cdns

1. While there is no "prevailing wage determination" for tN, as you say, there will be suspicion if wage is too low (or in some cases. too high) , in that they may question if you will actually be doing the work stated on your TN letter.

2. You are allowed to file for TN from within US with I-129. Also, since your TN visa will stil have validity on it, you can go to any POE, not simply mexican border.

3. Since you will already have your valid TN visa stamp, no need to go to consulate if you change jobs. You get another TN directly at POE, or by mail.

[peretz]

Nelson,

Thank you for your response; I would greatly appreciate if you could help me understand the details.

1. Should I directly tell the embassy officer the reason that I am receiving just the 60 % of the minimum salary? (which is that the company is in red numbers and the original promised salary can not be paid at the moment but as soon as the circumstances improve they will increase it)

2. If I file for the I-129, I will need to continue working for my old employer for three months -- or well 15 days if I pay the past processing fee. And once I received the TN with the new employer, how long can I be searching for a new house (in case I need to move to another state) and accommodate in it before starting the new job?

3. Are you sure that Mexican citizens can also use POE? if yes, how does it work?

Thank you,
Jaime

-- Sun Sep 27, 2009 8:34 am --

Nelson,

Also, thank you for the link.

[agnelson]

You are being followed up on the immigration.com board....

[peretz]

Yes, I saw the forum after posting here. It seems a better place to continue my questions.

Thank you for the help.